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agencies, and institutions (both public and private), (a) to conduct, encourage, and promote the coordination of research, investigations, experiments, demonstrations, and studies in water pollution control and, for this purpose, to secure the assistance of experts and consultants, to establish research fellowships and to provide training in technical matters relating to water pollution; (b) to cooperate with and to aid appropriate agencies, institutions, and individuals in this field of work through grants and contracts with them for research, demonstrations and training; and (c) in carrying out these functions, to collect and disseminate information on research, investigations, and demonstrations.
4. Establishment, equipment and maintenance by the Secretary of field laboratories and research facilities in various specified regions of the Nation; and the conduct of research, technical development work, and studies of the present and projected quality of the waters of the Great Lakes under varying conditions of waste treatment and disposal.
5. Authorization of grants to States, municipalities, intermunicipal or interstate agencies, for research and development, for the purpose of assisting in the development of any project which will demonstrate new or improved methods of controlling the discharge into any waters of untreated or inadequately treated sewage or other wastes from storm or storm water sewers, by contract with public or private agencies, institutions and individuals.
6. Authorization of grants to States and interstate agencies for water pollution control programs to aid in the establishment of adequate measures for the prevention and control of water pollution; such grants are to be used for meeting costs, under approved plans, of establishing and maintaining adequate water pollution prevention and control measures, and subject to various conditions and requirements.
7. Authorization of grants to States, municipalities, intermunicipal or interstate agencies for the construction of necessary municipal waste treatment works.
8. Establishment of a Water Pollution Control Advisory Board, described above, to advise, consult with and make recommendations to the Secretary concerning water pollution control policy.
9. Authorization of a cooperative program for the control of pollution from Federal installations.
10. Authorization to the Secretary to establish water quality standards for interstate waters, or portions thereof, and adopt plans for their implementation and enforcement, but the Secretary's authority to act with respect to interstate waters within a State is limited to cases in which there has been no satisfactory State action; provision is made for notice and public hearings with respect to quality standards, before hearing boards, composed of at least five members, including representatives of the Federal and State Governments, appointed by the Secretary, but a minority may not be employees of the Department of Health, Education, and Welfare.
11. Federal enforcement procedures to abate water pollution by conference, public hearings and court action, involving pollution of both interstate and navigable waters, as well as intrastate waters, under certain circumstances ; hearing boards, constituted and composed as above, are required for initial findings and recommendations.
12. Procedures provided for with respect to both establishment and enforcement of water quality standards as well as abatement meet all of the requirements of the Administrative Procedure Act.
BACKGROUND AND LEGISLATIVE HISTORY OF FEDERAL ACTIONS TO
CONTROL AND ABATE WATER POLLUTION
Until the enactment, in 1948, of the basic Water Pollution Control Act, the Federal role in water pollution was limited to three acts: the Rivers and Harbors Act of 1899 (30 Stat. 1152), the Public Health Service Act of 1912 (37 Stat. 309), and the Oil Pollution Act of 1924 (43 Stat. 604).
A section of the Rivers and Harbors Act of 1899 prohibited the discharge or deposit into any navigable waters of any refuse matters except that which flowed in a liquid state from streets and sewers. This provision, designed primarily
to prevent impediments to navigation, constituted the first specific Federal water pollution control legislation. The Public Health Service Act of 1912 contained provisions authorizing investigations of water pollution related to the diseases and impairments of man and directed attention, for the first time, to human health factors in water pollution. The Oil Pollution Act of 1924 was enacted to control oil discharges in coastal waters damaging to aquatic life, harbors and docks, and recreational facilities.
Efforts to obtain comprehensive Federal water pollution control legislation continued and were almost successful in 1936, 1938, and 1940. These efforts were interrupted by World War II, but were renewed in 1947, and culminated in the enactment by the 80th Congress of the Water Pollution Control Act of 1948 (Public Law 845, 80th Cong.).
THE FEDERAL WATER POLLUTION CONTROL ACT OF 1948
This act authorized the Surgeon General to assist and encourage State studies and programs to prevent and abate pollution of interstate waters, including enactment of uniform State pollution control laws and adoption of interstate pollution control contracts. The act also (1) authorized pollution research programs; (2) directed the Department of Justice, with State consent, to institute court action to require an individual or firm to cease practices causing pollutions ; and (3) created a Water Pollution Control Advisory Board. Finally, the 1948 act provided for total annual apropriations of $27.8 million for 5 fiscal years (1949–53) for the following specific purposes : (1) $22.5 million a year for lowinterest Federal loans to States, municipalities and interstate agencies for construction of sewage and waste treatment works, with individual loans limited to $250,000 or one-third of the cost of the proposed project, whichever was less (no money was ever appropriated under this authorization and it lapsed unused); (2) $1 million annually for grants to the States for pollution studies; (3) $1 million annually for one-third of cost grants to States and municipalities to aid them in drafting plants for construction of water pollution control projects; (4) $800,000 annually for the construction of Public Health Service water pollution research facilities; and (5) $2 million annually for administrative costs of the Public Health Service and the Federal Security Agency.
The act was experimental and limited to a 5-year period, after which it was to be reviewed and revised on the basis of experience.
FEDERAL WATER POLLUTION CONTROL ACT OF 1956 Comprehensive water pollution control legislation of a permanent nature was enacted by the 84th Congress (the Federal Water Pollution Control Act, Public Law 660, 84th Cong.), which extended and strengthened the 1948 act which had expired on June 30, 1956.
The 1956 act provided that it was to be administered by the Surgeon General of the Public Health Service under the supervision and direction of the Secretary of Health, Education, and Welfare.
In summary, it authorized the Surgeon General to study pollution, cooperate with groups to develop control programs, and promote pollution research by direct operations as well as grants. Specifically, the act
(1) Reaffirmed the policy of the Congress to recognize, preserve and protect the primary responsibilities and rights of the States in preventing and controlling water pollution ;
(2) Authorized continued Federal-State cooperation in the development of comprehensive programs for the control of water pollution by requiring the Surgeon General to assist States in preparing comprehensive programs for the elimination and reduction of pollution of interstate waters and tributaries thereof;
(3) Authorized increased technical assistance to States and intensified and broadened research by using the research potential of universities and other institutions outside of Government;
(4) Authorized collection and dissemination of basic data on water quality relating to water pollution prevention and control;
(5) Directed the Surgeon General to continue to encourage interstate compacts and uniform State laws;
(6) Authorized grants to States and interstate agencies up to $3 million a year for the next 5 years for water pollution control activities;
(7) Authorized Federal grants of $50 million a year (up to an aggregate of $500 million) for the construction of municipal sewage treatment works, the amount for any one project not to exceed 30 percent of cost, or $250,000, whichever is smaller;
(8) Modified and simplified procedures governing Federal enforcement and abatement actions against interstate pollution which included conference, public hearing, administrative direction and finally, with the consent of the States involved, to request the Attorney General of the United States to bring suit on behalf of the United States.
(9) Established and authorized the appointment of a Water Pollution Advisory Board in the Public Health Service, composed of the Surgeon General or a sanitary engineer designated by him, who was to be Chairman, and nine members appointed by the President, none of whom were to be Federal officers or employees. The Board's function was to advise, consult with and make recommendations to the Surgeon General on matters of policy relating to his activities and functions under the act; and
(10) Authorized a cooperative program to control pollution from Federal installations.
FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1961
The 1961 amendments to the Federal Water Pollution Control Act (Public Law 87–88) represented an effort to provide a still more effective program of water pollution control and assigned to the Secretary and the Department of Health, Education, and Welfare the primary Federal responsibility for water pollution control. Its major provisions
(1) Transferred all of the authority for administration of the various programs, functions and activities provided for in the act from the Surgeon General to the Secretary of Health, Education, and Welfare;
(2) Established the nine-member Water Pollution Control Advisory Board in the Department of Health, Education, and Welfare, to be headed by the Secretary or his designee;
(3) Extended Federal authority to enforcement abatement of interstate pollution of interstate, coastal or navigable waters, but required the permission of the State Governor before a Federal enforcement suit can be brought to stop pollution causing activities. It further expanded Federal authority by permitting the Secretary of Health, Education, and Welfare, through the Justice Department, to bring court proceedings to require an offender to cease activities causing pollution in interstate waters without first obtaining the permission of the State government where the pollution was taking place;
(4) Increased the authorized annual $50 million Federal financial assistance to municipalities for construction of waste treatment works to $80 million in 1962, $90 million in 1963, and $100 million for each of the 4 following fiscal years 1964–67. In addition, it raised the single grant limitation from $250,000 to $600,000 and provided for grants to communities combining in a joint project up to a limit of $2,400,000;
(5) Intensified research toward more effective methods of pollution control; authorized for this purpose annual appropriations of $5 million up to an aggregate of $25 million; and authorized the establishment of field laboratory and research facilities in, among others, seven specified major areas of the Nation ;
(6) Extended for 7 years until June 30, 1968, and increased Federal financial support of State and interstate water pollution control programs by raising the annual appropriations authorization from $3 million to $5 million; and
(7) Authorized the inclusion of storage for regulating streamflow for the purpose of water quality control in the survey and planning of Federal reservoirs and impoundments.
FEDERAL WATER POLLUTION CONTROL AMENDMENTS OF 1965 (WATER QUALITY ACT
The 1965 amendments, contained in the Water Quality Act of 1965 (Public Law 89–234), represented a further attempt to strengthen Federal water pollution control by (1) declaring as the purpose of the act the enhancement of the quality and value of water resources and establishment of a national policy for the prevention, control and abatement of water pollution; (2) establishing within the Department of Health, Education, and Welfare a Federal Water Pollution Control Administration; (3) providing additional grants for research and development; (4) increasing the grants for construction of municipal sewage treatment works; and (5) authorizing the establishment of standards of water quality to aid in preventing, controlling and abating pollution of interstate waters. Specifically, the 1965 amendments
(1) Authorized the establishment in the Department of Health, Education, and Welfare of a new Federal Water Pollution Control Administration, and the appointment of an additional Assistant Secretary of Health, Education, and Welfare to supervise and direct the head of the Administration in administering the act, as well as all other functions of the Secretary related to water pollution; provided for the voluntary transfer of commissioned officers of the Public Health Service to the new Administration under civil service status, the protection of their benefits, coverage under the Civil Service Retirement Act and the Federal Employees' Group Life Insurance Act, with special compensation provisions to include all allowances earned in the Public Health Service, and an equalization factor with respect to previously tax-free allowances.
(2) Authorized additional appropriations of $20 million a year in fiscal years 1966–69 for Federal matching grants to States, municipalities, and interstate or intermunicipal agencies for research and development projects to develop improved methods of preventing untreated sewage and wastes from being discharged into bays, rivers, etc., from storm water sewers or from combined storm and sanitary sewers; and further authorized the Secretary of Health, Education, and Welfare to contract with public or private agencies, organization or individuals for these purposes, to be financed from the $20 billion authorized for grants. Single grants or contracts were limited to 5 percent of the total authorization under the provisions for any one year. All contracts made under the section for 1 year may not exceed 25 percent of the total appropriated. State approval is required of a project for which a grant is to be made, and the Federal contribution to any project cannot exceed 50 percent of its costs.
(3) Increased the existing $100 million annual grant program for construction of community sewage treatment plants to $150 million, and required that the additional $50 million be allotted on the basis of the State's population; specified that grants from additional $50 million would not be subject to project limits which were imposed on grants from the first $100 million, providing that a State agreed to match equally all Federal grants made from the $50 million for projects in the State; within the $150 million program or grants for construction of sewage treatment plants, it permitted the maximum Federal grant for a single project to be 30 percent of the cost or $1.2 million, whichever is less (instead of 30 percent or $600,000 previously provided for); and for a joint project involving several communities, 30 percent or $4.8 million, whichever was less (instead of 30 percent or $2.4 million). Finally, it permitted the Secretary to increase the amount of grants for community sewage treatment construction by 10 percent where the project was part of a comprehensive metropolitan development plan.
(4) Directed each State to file with the Secretary of Health, Education, and Welfare a letter of intent within 1 year following the passage of the act, stating that it will, by June 30, 1967 (1) establish water quality standards for interstate waterways or portions thereof within the State and (2) adopt a plan for implementation and enforcement of standards. If a State fails to establish and enforce such standards, or if the Secretary of Health, Education, and Welfare or a State Governor desires a revision of such State standards, the Secretary can propose water quality standards for interstate waters within the State, following an informal conference with all parties concerned ; such standards would not take effect until 6 months thereafter and during that period the State involved can establish its own standards, subject to the approval of the Secretary as being consistent with the statutory requirement for water quality standards—that they "protect the public health or welfare, enhance the quality of water and serve the purposes of the act.” At any time within 30 days after the Secretary has promulgated such standards, the State can request a public hearing on the Federal standards, whereupon the Secretary is required to call such hearing before a hearing board sitting in or near one or more of the places where the water quality standards will take effect. The board, which is appointed by the Secretary, must be composed of at least five members, including a representative of the State involved, the Department of Commerce, and other Federal departments or agencies affected; a majority of the board may not be from the Department of Health, Education, and Welfare. The board is required to make findings and recommendations, based upon the evidence presented at the hearing, as to whether the standards by the Secretary promulgated should be approved or modified and transmit its findings to the Secretary. If the standards as promulgated by the Secretary are approved by the hearing board, they will become effective immediately upon receipt by the Secretary of the board's findings; if they are modified by the board, the Secretary must promulgate revised standards in accordance with the board's recommendations and they will become effective immediately upon promulgation. In either event, the standards promulgated will become those applicable to the interstate waters of the State.
In the event that matter is subsequently discharged into the waters involved which reduce the water quality below the standards established, the Secretary is authorized to use existing abatement procedures to halt the discharge. However, before abatement proceedings may begin, the Secretary must notify all persons involved and allow 180 days for voluntary compliance.
(5) Authorized the use of existing abatement procedures against pollution causing dirty shellfish, thereby preventing the marketing of shellfish and shellfish products in interstate commerce.
STATEMENTS OF HON. STEWART L. UDALL, SECRETARY OF THE INTERIOR; HON. JOHN GARDNER, SECRETARY OF HEALTH, EDUCATION, AND WELFARE; HAROLD SEIDMAN, ASSISTANT DIRECTOR FOR MANAGEMENT AND ORGANIZATION, BUREAU OF THE BUDGET; JAMES M. QUIGLEY, COMMISSIONER, WATER POLLUTION CONTROL ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE; AND DEAN W. COSTON, DEPUTY UNDER SECRETARY, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Secretary UDALL. Mr. Chairman, may I direct myself immediately to this particular problem that troubles the chairman and the other members of the committee. This reorganization proposal I consider a very far-reaching one and a very wise one, and I think it does achieve the objective that the chairman has mentioned. But in terms of what the Congress itself did last year, after 3 years of argument and discus
, sion, Senator Muskie was one of the leading architects if not the leading architect of this change, was to create a new Water Pollution Control Administration in the Department of Health, Education, and Welfare, that was largely divorced from the Public Health Service.
However, the committees of the Congress, and again I think this was a wise step, because I think where there are highly specialized functions that they should and can be left within a department without impairing the type of central authority and control that is also sound Government operation, the committees deliberately decided in the Water Control Act of 1965 to transfer all of the functions of the new Water Pollution Control Administration, the grant programs, the enforcement programs, the other traditional programs, the research programs connected with water pollution control, but they left a very small part but a highly specialized part of the program in the